What's New
Environmental advocates in Toms River, New Jersey, are challenging a settlement over years of toxic waste dumping that increased childhood cancer rates.
Conservation organization Save Barnegat Bay and the township of Toms River are suing to overturn the $500,000 deal between the state and German chemical company BASF, arguing it undervalues the extensive environmental harm caused by the site, which they estimate to be a staggering $1 billion.
Newsweek has reached out to BASF and the New Jersey Department of Environmental Protection (DEP) for additional comment.
Why It Matters
Known at the time as Ciba-Geigy, BASF began flushing chemicals into the Toms River during the 1950s. They were the town's biggest employer at the time.
Over 47,000 drums of toxic waste were also buried in the ground.
The extent of pollution created in the area is still being cleaned up to this day.
What To Know
The DEP reached a settlement with BASF in 2022 after years of negotiation.
BASF agreed to pay $500,000 and carry out nine environmental restoration projects over the next 20 years. These projects include wetlands restoration, walking trails, boardwalks, and an environmental education center.
Ciba-Geigy began operations in Toms River in 1952, producing dyes, pigments, and plastics. Over decades, the land in this area became severely contaminated.
Between 1979 and 1995, the state health department found 87 children in Toms River were diagnosed with cancer. Rates of childhood cancers and leukemia in girls were significantly elevated compared to state averages, though no similar trend was observed in boys. While the health department's studies stopped short of directly linking the illnesses to Ciba-Geigy's waste, the company paid $13.2 million to settle claims from 69 affected families.
The DEP describes the settlement as a restorative effort rather than one focused on monetary compensation. The 1,250-acre site will see environmental restoration projects over the next two decades, preserving more than 1,000 acres as public and conservation spaces.
Conservationists at Save Barnegat Bay, however, argue that the settlement does not address the full extent of the damage.
What People Are Saying
Michele Donato, attorney for Save Barnegat Bay: "Ciba-Geigy's discharges devastated the natural resources of the Toms River and Barnegat Bay. The DEP failed to evaluate decades of evidence, including reports of dead fish, discolored waters, and toxic effluent, that exist in its own archived files."
Maurice Hill, former Toms River mayor: "This deal does not come close to compensating our community for what we've suffered."
Janet Tauro, chairperson of Clean Water Action NJ: "A more tragic story of the poisoning of a community would be hard to find. The damage done can never be wholly undone. Nothing will bring back the children who died or alleviate the pain endured by those stricken with cancer, their families and the community. But we must do better."
What Happens Next
The lawsuit brought by Save Barnegat Bay and Toms River is currently pending in state appellate court. Advocates are pushing for either the complete overturning of the settlement or a requirement for more comprehensive remediation projects.
BASF has stated it remains committed to the agreed terms, but the community awaits a court ruling that may invoke renewed optimism about the future of the site.
This article includes reporting by The Associated Press
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